The Butler Township planning commission tabled voting on a residential lot consolidation application Tuesday because one of the two lots is deeded as a nonbuilding lot.

The applicant, David Morgan, owns two lots at the intersection of Meridian Road and Pinecrest Court and applied for a subdivision to combine the lot where his home is located and the adjacent vacant lot, so he could install a fence around the property, he said.

Plans presented to the commission show the lot where his home is located in 1.14 acres and the vacant lot is .86 acres.

Solicitor Rebecca Black said the vacant lot is designated as a nonbuilding lot on the property deed. The designation means nothing can be built on the lot and it can't be reconfigured, she said.

Legally, Black said, the commission can't deny a lot consolidation plan unless the plan violates an ordinance.

She said the nonbuilding designation in the deed is a restrictive covenant, which is not binding upon the township.

If the application was approved, the lot would remain a nonbuilding lot, but it would have buildings on it, Black said.

Morgan submitted the application about 30 days ago and it would be deemed as approved if the commission doesn't vote on it in the next 60 days, she said.

She recommended tabling the application to give her more time to investigate the matter.

If she had to make a recommendation to approve or deny the application, she said she would recommend denying it as an incomplete application because neighboring property owners have to sign the application, but didn't.

Several neighbors — including John and Beth Herold of Pinecrest Court and Mike Spinneweber, who developed the housing plan years ago — said they oppose the application and the nonbuilding designation is stated on the deed. John Herold said the value of his property would decrease if Morgan put a fence around his property.

Spinneweber said some neighboring property owners bought their lots in the plan due to the nonbuilding designation.

He said ownership of the property has changed many times over the years, but the deed restriction has been in place “since day one.”

In other business, the commission reorganized.

Ron Henshaw was reelected chairman; Sam Zurzolo, who was absent due to an injury, was reelected vice chairman; and Ernie Oesterling was reelected secretary.